THE RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988 

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ARRANGEMENT OF SECTIONS 

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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Prohibition of use of religious institutions for certain purposes. 
4.  Restrictions on carrying arms and ammunition into a religious institution. 
5.  Prohibition of use of funds of religious institutions for certain activities. 
6.  Prohibition of religious for a for propagating political ideas. 
7.  Penalties. 
8.  Disqualification of persons convicted or charge-sheeted under this Act. 
9.  Certain persons bound to give information to police. 
10.  Repeal and saving. 

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THE RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988 

ACT NO. 41 OF 1988 

An Act to prevent the misuse of religious institutions for political and other purposes. 

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 

1. Short title, extent and commencement.—(1) This Act may be called the Religious Institu-

[1st September, 1988.] 

tions (Prevention of Misuse) Act, 1988. 

(2) It extends to the whole of India 1***. 

(3) It shall be deemed to have come into force on the 26th day of May, 1988. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “ammunition” shall have the same meaning as in clause (b) of sub-section (1) of section2 

of the Arms Act, 1959 (54 of 1959); 

(b) “arms” shall have the same meaning as in clause (c) of sub-section (1) of section 2 of the 

Arms Act, 1959 (54 of 1959); 

(c)  “manager”,  in  relation  to  a  religious  institution,  means  every  person,  including  any 
religious  functionary  (by  whatever  name  called),  who,  for  the  time  being,  either  alone  or  in 
association  with  other  persons,  administers,  manages  or  otherwise  controls  the  affairs  of  that 
institution, its functions or properties; 

(d) “political activity” includes any activity promoting or propagating the aims or objects of 
a  political  party  or  any  cause,  issue  or  question  of  a  political  nature  by  organising  meetings, 
demonstrations, processions, collection or disbursement of funds, or by the issue of directions or 
decrees,  or  by  any  other  means,  and  includes  also  such  activity  by  or  on  behalf  of  a  person 
seeking election as a candidate for any election to Parliament, any State Legislature or any local 
authority; 

(e) “political party” means an association or body of persons— 

(i) which is, or is deemed to be, registered, with the Election Commission of India as a 
political  party  under  the  Election  Symbols  (Reservation  and  Allotment)  Order, 1968,  as  in 
force for the time being; or 

(ii) which has set up candidates for election to any legislature, but is not registered, or 
deemed to be registered, as a political party, under the Election Symbols (Reservation and 
Allotment) Order, 1968; or 

(iii) organised to carry on any political activity or to acquire or exercise political power 

through election or otherwise; 

(f)  “religious  institution”  means  an  institution  for  the  promotion  of  any  religion  or 
persuasion, and includes any place or premises used as a place of public religious worship, by 
whatever name or designation known. 

3. Prohibition of use of religious institutions for certain purposes.—No religious institution 
or manager thereof shall use or allow the use of any premises belonging to, or under the control of, 
the institution— 

(a) for the promotion or propagation of any political activity; or 

(b) for the harbouring of any person accused or convicted of an offence under any law for the 

time being in force; or 

(c) for the storing of any arms or ammunition; or 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  
(w.e.f. 31-10-2019). 

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(d) for keeping any goods or articles in contravention of any law for the time being in force; 

or 

(e)  for  erecting  or  putting  up  of  any  construction  or  fortification,  including  basements, 
bunkers, towers or walls without a valid licence or permission under any law for the time being 
in force; or 

(f)  for  the  carrying  on  of  any  unlawful  or  subversive  act  prohibited  under  any  law  for  the 

time being in force or in contravention of any order made by any court; or 

(g) for the doing of any act which promotes or attempts to promote disharmony or feelings of 
enmity, hatred or ill-will between different religious, racial, language or regional groups or castes 
or communities; or 

(h) for the carrying on of any activity prejudicial to the sovereignty, unity and integrity of 

India; or 

(i) for the doing of any act in contravention of the provisions of the Prevention of Insults to 

National Honour Act, 1971 (69 of1971). 

4. Restrictions on carrying arms and ammunition into a religious institution.—No religious 
institution  or  manager  thereof  shall  allow  the  entry  of  any  arms  or  ammunition  or  of  any  person 
carrying any arms or ammunition into the religious institution: 

Provided that nothing in this section shall apply to— 

(a) the wearing and carrying of a Kirpan by any person professing the Sikh religion; or 

(b) any arms which are used, as part of any religious ceremony or ritual of the institution as 

established by custom or usage. 

5.  Prohibition  of  use  of  funds  of  religious  institutions  for  certain  activities.—No  religious 
institution or manager thereof shall use or allow the use of any funds or other properties belonging 
to, or under the control of, the institution for the benefit of any political party or for the purpose of 
any political activity or for the commission of any act which is punishable as an offence under any 
law. 

6. Prohibition of religious for a for propagating political ideas.—No religious institution or 
manager thereof shall allow any ceremony, festival, congregation, procession or assembly organised 
or held under its auspices to be used for any political activity. 

7. Penalties.—Where any religious institution or manager thereof contravenes the provisions of 
section  3,  section  4,  section  5  or  section  6,  the  manager  and  every  person  connected  with  such 
contravention shall be punishable with imprisonment for a term which may extend to five years and 
with fine which may extend to ten thousand rupees. 

8. Disqualification of persons convicted or charge-sheeted under this Act.—(1) Any manager 
or other employee of a religious institution shall, upon conviction for an offence under this Act, stand 
removed from his office or post and shall, notwithstanding anything to the contrary contained in any 
other  law,  be  disqualified  for  appointment  in  any  religious  institution  as  manager  or  in  any  other 
capacity for a period of six years from the date of his conviction. 

(2)  Where  any  manager  or  other  employee  of  a  religious  institution  is  accused  of  an  offence 
under  this  Act  and  a  charge-sheet  for  the  prosecution  of  such  person  is  filed  in  any  court  and  the 
court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the 
accused, that a prima facie case exists, it shall pass an order or direction restraining the person from 
exercising the powers or discharging the duties of his office or post pending trial. 

(3) Where any manager or other employee has been removed under sub-section (1), or restrained 
under  sub-section  (2),  the  vacancy  arising  out  of  such  removal  or  restraint  may  be  filled  in  the 
manner provided in the law applicable to the said religious institution. 

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9. Certain persons bound to give information to police.—Every manager or other employee of 
a religious institution shall be bound to give information to the officer incharge of the police station 
within  whose  local  jurisdiction  the  religious  institution  is  situate  of  any  contravention  or  any 
impending contravention of the provisions of this Act and any failure to do so shall be punishable 
under section 176 of the Indian Penal Code (45 of 1860). 

10. Repeal and saving.—(1) The Religious Institutions (Prevention of Misuse) Ordinance, 1988 

(Ord. 3 of 1988) is hereby repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  said  Ordinance 

shall be deemed to have been done or taken under the corresponding provisions of this Act. 

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